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- Date:
- 14 October 2005
- Type:
- Employment law cases
In British Airways plc v Starmer, the EAT holds that the tribunal was entitled to find that a decision by the employer not to allow the employee to work part-time at 50% of her full-time hours, but only at 75%, was a "provision, criterion or practice" for the purposes of s.1(2)(b) of the Sex Discrimination Act 1975.
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- Date:
- 23 July 2004
- Type:
- Employment law cases
In Merino Gomez v Continental Industrias del Caucho SA, the European Court of Justice holds that pregnant workers have a dual entitlement to annual leave and maternity leave: pregnant workers must be able to take their annual leave during a period other than their period of maternity leave.
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- Date:
- 20 February 2004
- Type:
- Employment law cases
In Visa International Service Association v Paul the EAT holds that an employment tribunal was correct to find that an employee was constructively dismissed when her employer failed to notify her, while she was on maternity leave, of a newly created post arising out of a reorganisation in her department in which the employee was interested, and considered herself well qualified for.
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- Date:
- 21 February 2003
- Type:
- Employment law cases
In Hardman v Mallon, t/a Orchard Lodge Nursing Home, the EAT holds that a failure to carry out a risk assessment in respect of a pregnant employee as required by the Management of Health and Safety at Work Regulations 1999 amounts to unlawful sex discrimination. This is because carrying out a risk assessment is one of the ways in which a woman's biological condition during and after pregnancy is given special protection.
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- Type:
- Employment law cases
This month's case round up in brief.
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- Type:
- FAQs
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- Date:
- 1 August 1999
- Type:
- Employment law cases
In McGuigan v TG Baynes & Sons, the EAT holds that an employee suffered unlawful direct sex discrimination when her employer failed to consult her over her impending redundancy on the ground, among others, that she was absent on maternity leave - a pregnancy-related reason.
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- Type:
- Employment law cases
In Day v T Pickles Farms Ltd, the Employment Appeal Tribunal (EAT) says that an employer should not wait for written notification of an employee's pregnancy before carrying out a risk assessment, and that its failure to carry out an assessment may have caused the employee detriment within the provisions of the Sex Discrimination Act 1975.
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- Date:
- 15 March 1999
- Type:
- Employment law cases
In Day v T Pickles Farms Ltd, the EAT holds that an employer who failed to make an assessment of the risks to the health and safety of a woman of child-bearing age employed in a sandwich shop no later than the date she started working there, and certainly before she became pregnant, could thereby have subjected her to a "detriment" within the meaning of the Sex Discrimination Act 1975.
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- Date:
- 1 January 1999
- Type:
- Employment law cases
A contractual term which requires a woman to undertake to return to work on the expiry of her maternity leave or otherwise to repay any amounts paid to her by her employer over and above statutory maternity pay during that period, does not contravene the equal pay principle contained in Article 119 of the Treaty of Rome and the Equal Pay Directive, rules the European Court of Justice in Boyle and others v Equal Opportunities Commission.